[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56338-56344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8268]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

9 CFR Part 205

RIN 0580-AA93


Clear Title Technical Changes

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Interim rule.

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SUMMARY: We are issuing this interim rule to allow States to use an 
approved unique identifier as an alternative to a social security 
number or taxpayer identification number in their systems providing 
clear title information. We are making additional changes to the clear 
title regulations as required by amendments made by the 2002 Farm Bill. 
The primary effect of these changes will be to protect the identity of 
the producers of farm products. Secondary effects of the technical 
changes will be to improve the operation of the program and provide the 
States with more flexibility.

DATES: Effective Date: September 27, 2006.
    Comment Date: We will consider comments that we receive by November 
27, 2006.

ADDRESSES: We invite you to submit comments on this rule. You may 
submit comments by any of the following methods:
    <bullet> E-Mail: Send comments via electronic mail to 
<a href="/cdn-cgi/l/email-protection#0c6f6361616962787f226b657c7f6d4c797f686d226b637a"><span class="__cf_email__" data-cfemail="12717d7f7f777c66613c757b62617352676176733c757d64">[email protected]</span></a>.
    <bullet> Mail: Send hardcopy written comments to Tess Butler, 
GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 
20250-3604.
    <bullet> Fax: Send comments by facsimile transmission to: (202) 
690-2755.
    <bullet> Hand Delivery or Courier: Deliver comments to: Tess 
Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, 
Washington, DC 20250-3604.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulation.gov. Follow the on-line instruction for submitting 
comments.

[[Page 56339]]

    To read comments: All comments received will be made available for 
public review at the above address during regular business hours (7 CFR 
1.27(b)).

FOR FURTHER INFORMATION CONTACT: Jens Knutson, Economist, Industry 
Analysis Division, USDA GIPSA, (202) 720-3128 or e-mail at 
<a href="/cdn-cgi/l/email-protection#165c7378653858385d786362657978566365727738717960"><span class="__cf_email__" data-cfemail="9ad0fff4e9b4d4b4d1f4efeee9f5f4daefe9fefbb4fdf5ec">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards 
Administration (GIPSA) administers the clear title program for the 
Secretary of Agriculture. The clear title program is authorized by 
Section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631) and 
requires that States implementing a central filing system for 
notification to the public of liens on farm products must have such 
systems certified by the Secretary of Agriculture. When someone 
purchases a farm product in one of the 19 states that currently have 
certified central filing systems, they can check for liens against that 
farm product through the State's central filing system. USDA, through 
GIPSA's Packers and Stockyards Program, certifies the State's Central 
Filing System.
    Our regulations in 9 CFR part 205 (regulations) provide guidance to 
the States about the requirements for their clear title program and 
requirements for approval of their systems.

Changes to the Regulations

    This interim final rule encompasses several changes to our clear 
title regulations that are mandated by changes to the clear title 
authorizing legislation. We discuss in the following section changes to 
authorizing legislation that require changes to our current clear title 
regulations and then identify the regulatory changes to be made. The 
changes are presented by topic rather than by section. Then, at the end 
of this document, we present the complete changes to 9 CFR part 205, 
Clear Title--Protection for Purchasers of Farm Products, which this 
interim rule implements.
    Section 776 of Division A, Title VII, Public Law 108-447, amended 
Section 1324(c) of the Food Security Act of 1985 (7 U.S.C. 1631(c)) for 
the privacy protection of certain sellers of farm products to allow 
States to use ``an other approved unique identifier'' as an alternative 
to a social security number or Internal Revenue Service (IRS) taxpayer 
identification number in their systems providing clear title 
information. The amendment further specified that the term ``approved 
unique identifier'' means ``a number, combination of numbers and 
letters, or other identifier selected by the Secretary of State using a 
selection system or method approved by the Secretary of Agriculture.''
    One of the requirements in our current regulations is that the 
social security number or an IRS taxpayer identification number of the 
debtor must be provided. Sections 205.103 and 205.105 require (1) the 
social security number or IRS taxpayer identification number be 
included as necessary information on an effective financing statement 
(EFS) filed with the State and (2) the master list developed by the 
State must be able to be delivered to a registrant in numerical order 
by social security number or IRS taxpayer identification number.
    We are revising the regulations to implement the addition of ``an 
other approved unique identifier'' made in the authorizing legislation. 
We considered the option of specifying what an approved unique 
identifier would be, but decided to allow each State the flexibility to 
request approval of the method or system used to select a unique 
identifier that will work best in its clear title program.
    We have been in contact in recent months with several States 
interested in amending their clear title systems and believe sufficient 
interest exists in States' implementation of the legislatively-mandated 
changes to the clear title program--including the use of an approved 
unique identifier as an alternative to a social security or IRS 
taxpayer identification number in a State's EFS and clear title master 
list--to warrant this interim final rule at this time. If States opt to 
discontinue the publication of social security numbers as a means of 
identification in States' clear title master lists, the resulting 
increased privacy protection will benefit individuals identified in 
those master lists. Discontinuing the publication of social security 
numbers is an increasing practice in regulatory and business 
transactions throughout the United States.
    We are making the following changes in the clear title regulations 
to allow the use of an approved unique identifier in the certified 
State systems providing clear title information:
    <bullet> In section 205.1, Definitions, we are adding a definition 
for ``approved unique identifier''.
    <bullet> In section 205.101, Certification--request and processing, 
we are adding a new paragraph (b)(11) to show what the State will be 
required to provide when applying to us for certification of its 
central filing system when it will use an approved unique identifier.
    <bullet> In section 205.103, EFS--minimum information, we are 
revising paragraph (a)(5) to allow either a social security number, IRS 
taxpayer identification number, or other approved unique identifier of 
each debtor be included in the minimum information necessary on an EFS.
    <bullet> In section 205.105, Master list and portion thereof 
distributed to registrants--format, we are revising paragraph (a) to 
allow an approved unique identifier to be used in place of a social 
security number or IRS taxpayer identification number for the 
numerically ordered information that the State's system must report.
    Revisions to the regulations are also needed to correspond to the 
2002 Farm Bill amendments. The 2002 Farm Bill amendments to Section 
1324 of the Food Security Act relate to electronic filing, EFS content, 
and Central Filing System procedure. The intent of these amendments was 
to relax some signature requirements, clarify terms, and facilitate 
electronic filing of lenders' security interests. These technical 
modifications will improve the operation of the program and provide the 
States with more flexibility.
    Specifically, the legislation:
    (1) Allows the non-electronically reproduced copy of the EFS to be 
signed, authorized, or otherwise authenticated by the debtor and filed 
by the secured party in place of the requirement for the statement to 
be signed by both the debtor and the secured party and filed by the 
secured party;
    (2) Allows the written amendments to the EFS to be signed, 
authorized, or otherwise authenticated by the debtor in place of the 
requirement for the statement to be signed and filed;
    (3) Allows notices that an EFS has lapsed to be signed, authorized, 
or otherwise authenticated by the secured party in place of the 
requirement for the notice to be signed by the secured party;
    (4) Allows the EFS to identify the county or parish in which the 
farm product is produced or located, instead of requiring a reasonable 
description of the property;
    (5) Allows the written notice of the security interest to identify 
the county or parish in which the farm product is produced or located, 
instead of requiring a reasonable description of the property;
    (6) Allows the written amendments to the security interest notice 
to be signed, authorized, or otherwise authenticated in place of the 
requirement for the amendment to be signed;
    (7) Allows notice of lapse of the written notice of the security 
interest to be signed, authorized, or otherwise

[[Page 56340]]

authenticated in place of the requirement for the notice to be signed;
    (8) Allows the notice of security interest to the commission 
merchant or selling agent to identify the county or parish in which the 
farm product is produced or located, instead of requiring a reasonable 
description of the property;
    (9) Allows the written amendments to the notice of security 
interest to the commission merchant or selling agent to be signed, 
authorized, or otherwise authenticated in place of the requirement for 
the statement to be signed; and
    (10) Allows the notice that the statement related to security 
interest has lapsed to be signed, authorized, or otherwise 
authenticated by the secured party in place of the requirement for the 
statement to be signed by the secured party.
    In addition, the following miscellaneous nonsubstantive changes 
were made to the legislation:
    a. Redesignated subsections after deleting a subsection,
    b. inserted ``contains'' to start two subsections,
    c. changed references to ``subparagraphs'' to ``subsections,''
    d. replaced ``; and'' with a period in a final subsection, and
    e. inserted the word ``and'' at the end of the next to the last 
subsections.
    Our regulations currently include requirements about the 
information of the location of farm products related to the county or 
parish in which the farm product is produced and require a reasonable 
description of the property. We are making the following changes in the 
clear title regulations to correspond to the changes made in the 
legislation in reference to the location of the farm products:
    <bullet> In section 205.103, EFS--minimum information, we are 
revising paragraph (a)(3) to allow the locations of the farm product to 
be included in the minimum information necessary on an EFS to be an 
identification of each county or parish in the same State where the 
farm product is produced or located.
    <bullet> In section 205.104, Registration of buyer, commission 
merchant, or selling agency--minimum information, we are revising 
paragraph (a)(3) by adding the words ``or located'' after the word 
``produced.''
    <bullet> In section 205.105, Master list and portion thereof 
distributed to registrants--format, we are revising paragraph (a) to 
allow the State's system to deliver information for any farm product 
produced or located in any county or parish of the State.
    <bullet> In section 205.207, ``Amount'' and ``reasonable 
description of the property,'' we are revising the heading to refer to 
the county or parish in which the property is located instead of a 
reasonable description of the property.
    <bullet> In section 205.207, ``Amount'' and ``county or parish,'' 
we are revising paragraph (a) to specify that the county or parish in 
which the product is located or produced does not need to be shown on 
every EFS and master list entry.
    <bullet> In section 205.207, ``Amount'' and ``county or parish,'' 
we are revising paragraph (c) to allow the option for any EFS and 
master list entry to identify each county or parish in which the farm 
product is produced or located.
    <bullet> In section 205.207, ``Amount'' and ``county or parish,'' 
we are revising paragraph (e) to describe what additional information 
about the amount is sufficient.
    <bullet> In section 205.210, Effect of EFS outside State in which 
filed, we are revising paragraph (b) to expand the ability to file an 
EFS to cover products in the system for the State in which it is 
produced or located.
    Currently, the regulations require the secured party and debtor to 
sign an EFS filed on paper with the State and EFS amendments filed on 
paper documents. We are making the following changes in the clear title 
regulations to correspond to changes made in the legislation in 
reference to allowing alternatives to signatures and other changes 
related to options to providing information on paper, such as 
electronic information:
    <bullet> In section 205.202, ``Effective financing statement'' or 
EFS, we are revising paragraph (b) to require an EFS to be signed, 
authorized, or otherwise authenticated only by the debtor.
    <bullet> In section 205.209, Amendment or continuation of EFS, we 
are revising paragraph (c) to specify that if an amendment is filed on 
a paper document that it must be signed, authorized, or otherwise 
authenticated only by the debtor.
    <bullet> In section 205.209, Amendment or continuation of EFS, we 
are revising paragraph (d) to specify that a continuation statement to 
continue the effective period of an EFS for 5 years need not be signed, 
authorized, or otherwise authenticated by the debtor.
    Our current regulations refer to sections of the authorizing 
legislation that were renumbered in the 2002 Farm Bill amendments. We 
are making the following corrections in the clear title regulations to 
correspond to changes made in the legislation:
    <bullet> In sections 205.106, 205.206, and 205.207, we are 
correcting the references to subsection (c)(4)(D)(iv) to refer to 
subsection (c)(4)(C)(iv).
    <bullet> In section 205.107, we are correcting the reference to 
subsection (c)(4)(F) to refer to subsection (c)(4)(E).
    <bullet> In section 205.203, we are correcting the reference to 
subsection (c)(4)(D) to refer to subsection (c)(4)(C).
    <bullet> In section 205.205, we are correcting both of the 
references to subsection (c)(4)(H) to refer to subsection (c)(4)(G).
    <bullet> In section 205.209, we are correcting both of the 
references to subsection (c)(4)(E) to refer to subsection (c)(4)(D).
    We are also making several nonsubstantive changes to our 
regulations. In keeping with the guidance the Office of the Federal 
Register provides for listing definitions, we are deleting the lettered 
paragraph designations for the definitions in section 205.1 and 
rearranging the definitions in alphabetical order of the terms being 
defined.
    Information collection activities, which include recordkeeping, 
reporting, and third party disclosure, are reviewed and approved by the 
Office of Management and Budget (OMB). We have approval from OMB for 
the information collection activities related to the clear title 
program; this approval was granted under OMB control number 0580-0016. 
OMB grants information collection approval for no more than 3 years at 
a time; the current approval for the clear title program expires on 
November 30, 2007. To comply with the requirement to display the 
control numbers assigned by OMB approving the information collection 
activities, we are adding the control number at the end of sections 
205.101, 205.102, 205.103, 205.104, 205.105, 205.106, 205.107, 205.202, 
205.203, 205.204, 205.206, 205.207, 205.208, 205.209, and 205.213 for 
which the information collection activities have been approved.
    Section 1324 of the Food Security Act of 1985 is the authorizing 
legislation for the clear title program. Throughout the regulations in 
9 CFR part 205 the term ``the Section'' is used, as defined in 9 CFR 
205.1, to mean Section 1324 of the Food Security Act of 1985. In the 
regulation in 9 CFR 205.101 (e), the term ``the Act'' is used, without 
having been defined or any other clarifying information. For 
consistency with the rest of the clear title regulations, we are 
replacing the term ``the Act'' with the term ``the Section'' both times 
it appears in 9 CFR 205.101 (e).
    Finally, we are making minor editorial corrections in sections 
205.101 and 205.206. In section 205.101, we are

[[Page 56341]]

(1) inserting a serial comma in the list in paragraph (11)(ii) and (2) 
correcting the reference to the Agency and program in paragraph (c). In 
section 205.206, we are removing an unnecessary comma.

Interim Rule

    We are issuing an interim rule with request for comments rather 
than a proposed rule because the Federal statutory language governing 
the operation of States' clear title programs, and hence GIPSA's 
certification of these programs, has changed, and GIPSA's clear title 
regulations must reflect these statutory changes. Further, there is a 
strong public interest in issuing this rule as an interim rule. Several 
States have contacted GIPSA in recent months with requests to approve 
amendments to their clear title programs that reflect some, if not all, 
of the statutory changes governing the operation of the clear title 
program. GIPSA has approved all such State requests to amend their 
clear title requirements if the amendments adhere to the amended 
statutory language governing clear title programs. Additionally, GIPSA 
believes the regulatory changes in this interim rule are in the public 
interest to the extent they reduce the possibility of identity theft by 
allowing the use of approved unique identifiers in lieu of social 
security numbers or IRS taxpayer identification numbers in States' 
published clear title master lists. The regulatory changes are also in 
the public interest in that they facilitate timelier and less 
restrictive operation of States' clear title programs.

Executive Order 12866 and Regulatory Flexibility Act

    The Office of Management and Budget (OMB) designated this interim 
rule as not significant for the purposes of Executive Order 12866. This 
interim rule changes GIPSA's clear title regulations by allowing the 
use of approved unique identifiers in place of the former requirement 
that States use debtors' social security numbers or IRS taxpayer 
identification numbers. The interim rule also makes changes to the 
clear title regulations as required by amendments made by the 2002 Farm 
Bill. These Farm Bill technical changes to the clear title program (1) 
facilitate electronic transmission of lien notices in States that have 
adopted central filing systems for farm products by no longer requiring 
signatures of the secured party and debtor, (2) alter the required 
description of products by allowing notices to indicate where a product 
is produced or located rather than only where it is produced, and (3) 
incorporate minor editorial changes.
    The parties primarily affected by the changes are producers and 
purchasers of farm products, State Secretaries of State in those States 
operating GIPSA-certified clear title central filing systems, and 
lending institutions in States or operating in States that have GIPSA-
certified clear title central filing systems. There are 19 States 
currently operating clear title central filing systems certified by 
GIPSA. Some of these States' clear title central filing systems cover 
all farm products produced in the State, while other State's systems 
cover only certain farm products. A listing of the States with GIPSA-
certified clear title certified central filing systems is available 
through the Internet on the GIPSA Web site (go to http://www.gipsa/usda/gov, click on ``Learn About Clear Title Farm Products,'' go 
to``Regulations Under the Food Security Act''at the bottom of the page 
and then click on the highlighted ``Clear Title Notices''). Farm 
products covered by a State's clear title central filing system are 
also identified through the GIPSA Web site.
    This interim rule's most significant benefit is enhanced protection 
of the personal identities of debtors, primarily producers of farm 
products, whose social security numbers or, if they are incorporated as 
a business, IRS taxpayer identification numbers are now provided on 
States' master lists. These master lists, whose purpose is to provide 
buyers of farm products the ability to check for liens against the farm 
product the buyer is interested in, are made available to the public in 
different ways by different States. By providing States the alternative 
of identifying debtors by an approved unique identifier other than by 
social security number or IRS taxpayer identification number, GIPSA 
believes this interim rule mitigates the risk of identity theft.
    The producers of farm products, generally the debtors in a State's 
central filing system, and lenders will also benefit from the added 
flexibility of not having to sign an EFS and related documents, thus 
facilitating their ability to file these documents. The ability to 
authorize or otherwise authenticate the EFS may also save them time and 
money in reproduction and delivery expenses. This interim rule's 
revision of some current signature requirements, which will enhance a 
lender's electronic filing of security interests, and the interim 
rule's simplification of the description of the location of the farm 
product should also enhance the timeliness and effectiveness of both a 
State's operation of, and a farm product buyer's use of, a State's 
GIPSA-certified clear title central filing system.
    Costs to implement this interim rule's changes will fall primarily 
on State Departments of State that maintain GIPSA-certified clear title 
central filing systems. Costs associated with implementing the changes 
specified in this interim rule involve the States' development of 
unique identifiers, changing how debtor's and lender's documents can be 
submitted to the States, and approval by GIPSA of these modified clear 
title central filing systems if the changes take the form of amendments 
to a GIPSA-certified clear title central filing system. If the changes 
result in a State developing a new central filing system, that system 
will have to be certified by GIPSA. We believe most State changes will 
come to GIPSA as requests for amendments to existing central filing 
systems. Given the variety of State-specific systems, it is difficult 
to estimate the cost of these changes, but we expect each State that 
decides to implement changes will do so in the most cost effective way 
for its system. State Departments of State are not classified as small 
entities.
    Lenders to producers of farm products may experience some costs, 
which GIPSA anticipates should be relatively small in those instances 
where they do arise, in converting their systems to accommodate a 
State's choice to use approved unique identifiers as an alternative to 
social security numbers. We do not know how many lenders might be 
affected by these changes, and have no reason to believe that small 
lenders will be unduly affected by them relative to larger lenders. The 
Small Business Administration (SBA) identifies small business size 
standards for business entities grouped according to the North American 
Industry Classification System (NAICS) codes, and has identified small 
business lending institutions for commercial banking (NAICS subsector 
445) as those entities with assets of $165 million or less. Small 
business consumer lending and mortgage and non-mortgage loan brokers 
(NAICS 522291 and 522310, respectively) have assets of $6.5 million or 
less. GIPSA believes the costs to lenders to accommodate a State?s 
choice to use approved unique identifiers, whatever they might be, will 
be offset by the lenders' cost and time savings associated with changed 
signature requirements that facilitate timelier and more efficient 
transmission of an EFS.
    Producers of farm products and buyers of farm products should 
experience no additional costs associated with this interim rule. The

[[Page 56342]]

majority of these producers and buyers of farm products are small 
entities.
    The SBA small business size standards vary for producers of farm 
products, based on the products, but for most agricultural producers 
the small business threshold is $0.75 million in annual receipts for 
crop and animal production (NAICS 111110--112990). The 2002 
Agricultural Census reported 2,100,309 farms had annual sales of farm 
products totaling less than $1 million, which is the census' closest 
sales category to SBA's definition of small business producers of farm 
products having annual receipts less than $0.75 million. These small 
business farms accounted for 98 percent of all farms reported in the 
census.
    Many buyers of farm products will be the same producers discussed 
above, the majority of whom SBA defines as small entities. SBA's small 
business size standards for other buyers of farm products vary 
depending on industry sector, and within sectors on the type of 
company. For example, SBA's small business threshold for food 
manufacturers (NAICS subsector 311) can be 500, 750, or 1,000 
employees, depending on the type of food manufacturer. SBA's small 
business threshold for merchant wholesalers of non-durable goods (NAICS 
subsector 424) is 100 employees. SBA's small business thresholds for 
food and beverage stores are $6.5 million and $25 million, depending on 
the type of store.
    Small entities affected by this interim rule include primarily 
producers of farm products who will no longer have their social 
security numbers posted for public viewing by State certified central 
filing system that opt to use an other approved unique identifier.
    GIPSA foresees no substantive change to reporting or recordkeeping 
burden imposed on small entities resulting from this interim rule.
    Therefore, I certify that this interim rule will have no 
significant economic impact on a substantial number of small entities, 
as required by the Regulatory Flexibility Act (5 U.S.C. 601-612).

Executive Order 12988

    This interim rule has been reviewed under E.O. 12988, Civil Justice 
Reform, and is not intended to have retroactive effect. This interim 
rule will not pre-empt State or local laws, regulations, or policies 
unless they present an irreconcilable conflict with this interim rule. 
There are no administrative procedures that must be exhausted prior to 
any judicial challenge to the provisions of this interim rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501--3520), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0580-0016. This interim rule 
will add the OMB control number at the end of each section of the 
regulations previously approved for information collection activities.

E-Government Act Compliance

    We are committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

List of Subjects in 9 CFR Part 205

    Agricultural commodities, Archives and records, Intergovernmental 
relations, Reporting and recordkeeping requirements.

0
For the reasons set forth in the preamble, GIPSA amends 9 CFR part 205 
as follows:

PART 205--CLEAR TITLE--PROTECTION FOR PURCHASERS OF FARM PRODUCTS

0
1. Revise the authority citation to read as follows:

    Authority: 7 U.S.C. 1631; 7 CFR 2.22 and 2.81.


0
2. Amend Sec.  205.1 as follows:
0
a. Remove paragraph designations (a) through (i) and arrange the terms 
in alphabetical order.
0
b. Add a definition of ``approved unique identifier,'' in alphabetical 
order, to read as follows:


Sec.  205.1  Definitions.

* * * * *
    Approved Unique Identifier means a number, combination of numbers 
and letters, or other identifier selected by the Secretary of State 
using a selection system or method approved by the Secretary of 
Agriculture.
* * * * *

0
3. Amend Sec.  205.101 as follows:
0
a. Remove the word ``and'' at the end of paragraph (b)(10).
0
b. Redesignate paragraph (b)(11) as paragraph (b)(12).
0
c. Add new paragraph (b)(11) to read as set forth below.
0
d. In newly redesignated paragraph, (b)(12)(ii), add a comma after the 
word ``rules''.
0
 e. In paragraph (c), remove the words ``Grain Inspection, Packers and 
Stockyards Administration Packers and Stockyards Programs'' and add the 
words ``Packers and Stockyards Program, Grain Inspection, Packers and 
Stockyards Administration (GIPSA)'' in their place.
0
f. In paragraph (e), removing the words ``the Act'' and adding the 
words ``the Section'' in their place both times they appear.
0
g. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.101  Certification--request and processing.

* * * * *
    (b) * * *
    (11) If a unique identifier will be used in the system, explain how 
the unique identifier will be selected and how it will be used by the 
system, including, but not limited to, how lists will be organized, and 
how searches may be performed, using the unique identifier.
* * * * *
(Approved by the Office of Management and Budget under control 
number 0580-0016)

0
4. Amend Sec.  205.102 by adding an information collection citation at 
the end of the section to read as follows:


Sec.  205.102  Name of person subjecting a farm product to a security 
interest, on EFS and master list--format.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
5. Amend Sec.  205.103, as follows:
0
a. Revise paragraph (a)(3) to read as set forth below.
0
b. Revise paragraph (a)(5), to read as set forth below.
0
c. Amend Sec.  205.103 by adding an information collection citation at 
the end of the section to read as set forth below:


Sec.  205.103  EFS--minimum information.

    (a) * * *
    (3) Each county or parish in the same State where the farm product 
is produced or located;
    (4) * * *
    (5) Social security number or other approved unique identifier or, 
if other than a natural person, IRS taxpayer identification number or 
other approved unique identifier of each such person;
* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
6. Amend Sec.  205.104 as follows:
0
a. In paragraph, (a)(3), add the words ``or located'' after the word 
``produced''.
0
b. At the end of the section, add an information collection citation to 
read as follows:

[[Page 56343]]

Sec.  205.104  Registration of buyer, commission merchant, or selling 
agent--minimum information.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
7. Amend Sec.  205.105 as follows:
0
a. In paragraph (a), in the first sentence, add the words ``or 
located'' after the word ``produced''.
0
b. In paragraph (a), in both of the following places in the last 
sentence, add the words ``or approved unique identifier'' after ``in 
numerical order by social security number'' and after ``IRS taxpayer 
identification number''.
0
c. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.105  Master list and portion thereof distributed to 
registrants--format.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
8. Amend Sec.  205.106 as follows:
0
a. Remove the words ``subsection (c)(4)(D)(iv)'' and add the words 
``subsection (c)(4)(C)(iv)'' in their place.
0
b. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.106  Farm products.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)



0
9. Amend Sec.  205.107
0
a. In paragraph (b), remove the words ``subsection (c)(4)(F)'' and add 
the words ``subsection (c)(4)(E)'' in their place.
0
b. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.107  Crop year.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
10. Amend Sec.  205.202 as follows:
0
a. In paragraph (b), remove the words ``signed by both the secured 
party and the debtor,'' and add the words ``signed, authorized, or 
otherwise authenticated by the debtor'' in their place.
0
b. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.202 ``Effective  financing statement'' or EFS.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
11. Amend Sec.  205.203 as follows:
0
a. Remove the words ``subsection (c)(4)(D)'' and add the words 
``subsection (c)(4)(C)'' in their place.
0
b. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.203  Place of filing EFS.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
12. Amend Sec.  205.204 by adding at the end of the section an 
information collection citation to read as follows:


Sec.  205.204  Filing ``notice'' of EFS.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)

Sec.  205.205  [Amended]

0
13. Amend Sec.  205.205, by removing the words ``subsection (c)(4)(H)'' 
and adding the words ``subsection (c)(4)(G)'' in their place both times 
they appear.
0
14. Amend Sec.  205.206 as follows:
0
a. In paragraph (a), remove the comma immediately after the words 
``subsection (c)(2)''; remove the words ``subsection (c)(4)(D)(iv)'' 
and add the words ``subsection (c)(4)(C)(iv)'' in their place.
0
b. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.206  Farm products.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


0
15. Amend Sec.  205.207 as follows:
0
a. Revise the section heading to read as set forth below.
0
b. In paragraph (a), remove the words ``and ``reasonable description of 
the property including county or parish,'''' and add the words ``and 
``county or parish,'''' in their place.
0
c. In paragraph (a), remove the words ``subsections (c)(4)(D)(iv)'' and 
add the words ``subsection (c)(4)(C)(iv)'' in their place.
0
d. In paragraph (c), remove the words ``product is or is to be 
produced'' and add the words ``product is produced or located'' in 
their place.
0
e. In paragraph (e), in the first sentence, remove the words ``and 
property''.
0
f. In paragraph (e), in the last sentence, remove the words ``and 
location''.
0
g. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.207  ``Amount'' and ``County or parish''.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)



0
16. Amend Sec.  205.208 by adding at the end of the section an 
information collection citation to read as follows:


Sec.  205.208  Distribution of portions of master list--registration--
information to non-registrants on request.

* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)



0
17. Amend Sec.  205.209 as follows:
0
a. In paragraph (a), remove the words ``subsection (c)(4)(E)'' and add 
the words ``subsection (c)(4)(D)'' in their place.
0
b. Revise paragraph (c), to read as set forth below.
0
c. In paragraph (d), remove the words ``contain the signature of the 
debtor'' and add the words ``be signed, authorized, or otherwise 
authenticated by the debtor'' in their place.
0
d. At the end of the section, add an information collection citation to 
read as follows:


Sec.  205.209  Amendment or continuation of EFS.

* * * * *
    (c) The amendment must be filed in the same manner as the original 
filing. Note the requirement of subsection (c)(4)(D). The amendment may 
be filed electronically provided a State allows electronic filing of 
financing statements without the signature of the debtor under 
applicable State law under provisions of the Uniform Commercial Code. 
An electronically filed amendment need not be signed. However, if an 
original or reproduced paper document is filed, the amendment must be 
signed, authorized, or otherwise authenticated by the debtor, and be 
filed by the secured party.
* * * * *

(Approved by the Office of Management and Budget under control 
number 0580-0016)


Sec.  205.210  [Amended]

0
18. Amend Sec.  205.210, in paragraph, (b), add the words ``or 
located'' after the word ``produced'' both times it appears.

0
19. Amend Sec.  205.213 by adding an information collection citation at 
the end of the section to read as follows:


Sec.  205.213  Obligations subject--``person indebted''--``debtor''.

* * * * *

[[Page 56344]]

(Approved by the Office of Management and Budget under control 
number 0580-0016)

James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 06-8268 Filed 9-26-06; 8:45 am]
BILLING CODE 3410-KD-P


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